State News : New York

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.


NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  


Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.


Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.


New York

HAMBERGER & WEISS LLP

  Our Website

  (716) 852-5200

  (716) 852-0003

The minimum compensation rate was increased as a result of legislation signed by Governor Hochul (S1161-A/A2034-A). The new law provides that the minimum compensation rate in workers’ compensation claims will increase according to the following schedule:

 

- 01/01/2024—$275

- 01/01/2025—$325

- 07/01/2026—increased to one-fifth of the state average weekly wage


The new minimum rate law will significantly change the manner in which employers and carriers handle claims involving lower wage workers. In 2024, those claimants with an average weekly wage of $412.50 or lower will have both total and partial disability rates of $275 per week. Under these circumstances, there is little value in an independent medical examination to address degree of disability, as there is no way to modify the rate. Additionally, those claimants subject to the minimum compensation rate will have little financial incentive to return to work given that they will receive their full after-tax wages regardless of their disability. 


Maximum Compensation Rate: Effective 7/1/23 the maximum weekly indemnity rate under WCL §15(6) increased to $1,145.43 based on annual indexing of the state average weekly wage. 


Board Offices Remain Closed to the Public.  Hearings in New York workers’ compensation matters continue on a virtual basis only, with all parties, attorneys and witnesses appearing via computer and mobile phone connections from their offices or homes employing the Board’s statewide Virtual Hearing System. The Board closed all of its offices and hearing sites to the public on 3/17/20 as a public safety measure in response to the COVID-19 pandemic. The Board recently advised that it plans to reopen hearing sites to the public again, but as of this writing it still has not provided a date when in-person hearings will resume.

 

Certain other changes to Board procedure instituted during the COVID-19 pandemic remain. For example, the requirement for original handwritten signatures on several Board forms was suspended as a result of the pandemic and remains in effect.